Summary of facts (1)

 Sudden arrest

Ghosn was suddenly arrested on November 19, 2018.
An exclusive live broadcast of this was a large scoop of only TV Asahi.
Ghosn's crime reports, such as the storm of the Asahi Shimbun, followed for a week as top-notch articles.
It was a public and private criminal report prepared in advance and for a long time.

It is extremely rare that the world's largest corporations are suddenly arrested for allegedly violating the Financial Instruments and Exchange Act, or even falsely stating a security report.
In the first place, the form in which only the top two were arrested was not legally possible.
However, this inconsistency in the legal theory has not yet been curiously pointed out by Japanese legal experts.This is the practice of corporate accounting and corporate law in Japan.

Journalists do not know the details of the arrest procedure because they are ignorant of the law.
Ghosn's arrest requires prima facie evidence, and it is no wonder that it is corporate accounting data from the offense.
And it is unlikely that corporate accounting data will be voluntarily provided to prosecutors without the knowledge of the top two, except by theft or criminal means.
A new bargain was used to deceive this.
Reporters have become more and more smoke-filled.

Discovery of conspiracy

The Nissan executive was ready and the French ambassador experienced it.

Ghosn, who couldn't help at all, immediately asked the French ambassador to come to Nissan for a lawyer.
The French ambassador immediately visited Nissan to inform Ghosn's request.
However, he was immediately rejected.
This is a very unexpected response.
Since the top of the company has been arrested, it is common sense for the company to run first as a lawyer.
Here, the French ambassador realized that the rest of the board members had been violated and immediately told Ghosn.
Ghosn now understands the essence of all of the cases.

The fact that the case was a conspiracy designed by the rest of the board members was actually reported as a boast from the beginning.
It is a conspiracy against Kelly.
Kelly was sick, and was abroad to recuperate.
Initially, he refused the request to join the company from the Tokyo head office.
It was reported that it managed to soothe that he came to Japan and that it quickly detained him.
If you think back, Ghosn and Kelly were already black criminals at this point, and the guilty presumption was natural.
Ghosn consistently argued that the case was a conspiracy by prosecutors and rebels, but the Japanese media had no ear to listen.

The alleged fact is obviously wet clothes

Prosecutor's self-interpreted interpretation and the competent authorities to silence.

If you have read at least once the Financial Instruments and Exchange Act (hereinafter referred to as the FIEA), you can understand that this law is the basis for administrative sanctions targeting issuing companies.
Criminal penalties are only a few of the vast number of articles, and only Articles 197 (1) and 207 (1) (1) relate to false statements of important matters in securities reports.
The former punishes the submitter, and the latter punishes those who have committed false statements.
Each item is described by a person in charge of each department, and the entire procedure is finally confirmed and approved by the board of directors, so this is a regulation.
The problem is the criterion of importance.
Because it is a quantitative description, it is a judgment as to how much the difference from the true value is important.
Judgment of its significance must be sufficient to influence investor judgment.
The specific matter in this case is executive compensation, and the process for determining executive compensation is open to the public.
According to it, the total amount of executive remuneration for the period is determined at the general meeting of shareholders,
Specific executive remuneration is determined by the Board of Directors, but Nissan has delegated the determination of the specific amount to three more directors.
Ghosn, Kelly and Hiroto Saikawa have been left to a joint decision.
With this procedure, if the total amount of executive remuneration is within the resolution of the General Meeting of Shareholders, there will be no problems.
In fact, Nissan's executive compensation has long satisfied this requirement.

What made the prosecution falsely described?
The prosecutor alleges that Ghosn had received roughly the same amount of secret remuneration in addition to the published executive remuneration each quarter.However, at the time of future retirement of officers, the remuneration was determined to be the remuneration amount for non-competition contracts and external consulting contracts, and each year, a specific amount was determined, and it was written and kept secretly in the secretary room safe .

Prosecutors obviously do not know the beginnings of corporate accounting.
Executive remuneration is a corporate debt, and even a debt paid in the future is accrual-based. Therefore, it must be approved and approved by the Board of Directors together with a provision in each period before it becomes a formal debt.
In the first place, the determination of the specific amount of remuneration by the three directors is merely a “draft” to be submitted to the Board of Directors.
It's just a piece of paper, whether it's in the back of a vault or on a desk, secret or not, without board approval.

One of the certified public accountants of the Supervisory Office, the SEC, the internal auditors, and the external audit company has not pointed out any false statements for many years. But what we didn't do and kept silence is quite natural.
However, the SEC later coordinated with prosecutors for the last three years, and filed administrative sanctions and criminal charges.
Despite criminal proceedings already being undertaken, there are no known cases of criminal charges.
An extremely large message has been posted in the last three years, and will be described separately.